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Source text - EnglishA likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically-linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs and the relevant public.

English to German: Cost of opposition proceedingsGeneral field: Law/PatentsDetailed field: Law (general)

Source text - EnglishCOSTS
According to Article 85(1) CTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.
Since the applicant is the losing party, it must bear the opposition fee as well as the costs incurred by the opponent in the course of these proceedings.
According to Rule 94(3)(6) and (7)(d)(i) CTMIR, the costs to be paid to the opponent are the opposition fees and the costs of representation which are to be fixed on the basis of the maximum rate set therein.
Under Article 59 CTMR any party adversely affected by this decision has a right to appeal against this decision. Under Article 60 CTMR notice of appeal must be filed in writing at the Office within two months from the date of notification of this decision and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.

Source text - EnglishA decision regarding the next format for mobile Sim cards has been delayed after negotiations over patents ground to a halt, French media has reported.
Apple and Nokia, along with other manufacturers, are locked in dispute over proposals for a new "nano-Sim".
Nokia has threatened to withhold crucial patents if Apple's proposal is adopted, arguing that it does not comply with required specifications.
The ruling has been postponed until the end of June.
All firms want to secure the new format to keep up with devices which are getting ever smaller and slimmer.
The nano-Sim will be at least a third smaller than the micro-Sim commonly found in today's smartphones.
The European Telecommunications Standards Institute (Etsi) is the body responsible for setting the global standard for the format.
By polling its membership - which consists of telecoms providers and manufacturers - it aims to reach a consensus over the ideal standards for future technologies.
However, views over which nano-Sim should be adopted have divided the industry, resulting in the vote postponement, Les Echos reports.
'Offering a bicycle'
In one corner, Apple has proposed its own card which it said it will offer on a royalty-free basis to other manufacturers.
In the other, Nokia offers a different card which it said is 23% smaller and is they say more in line with Etsi's specific requirements.
Nokia's stance is backed by Motorola Mobility - which is being taken over by Google - and Blackberry-maker Research In Motion (RIM).
RIM has also accused Apple of attempting to vote "by proxy", registering its own employees as representatives for other firms.
A Nokia source told the BBC that Apple's offer of allowing royalty-free use of its Sim-related patents was "like offering a bicycle in order to borrow our Mercedes".
Withheld patents
Prior to negotiations, Etsi said the nano-Sim must meet key criteria.
These include a stipulation that the new card must not be likely to be confused with existing Sim cards to avoid consumers mistakenly damaging their phones by inserting the wrong type of card.
Nokia argue that Apple's proposed card is the same length as the current width of the micro-Sim, and therefore fails this requirement.
If Apple's proposal is voted through, Nokia said it will withhold more than 50 patent families it believes are crucial to its implementation.
"We are not prepared to get into a position where our technology is used to implement a standard that is technologically inferior, and doesn't meet Etsi's own requirements," Mark Durrant, Nokia's director of communications, told the BBC.
Apple declined to comment on Friday's delay.
In the past, Apple has hinted at wanting to abolish Sim cards altogether. However, this was met with firm resistance by mobile network operators and retailers.

Tata Motors today announced the commercial launch of the Tata Nano, keenly awaited across India since its unveiling on January 10, 2008. The Tata Nano is BS-III* compliant and comes with an all-new 2-cylinder aluminium MPFI 624 cc petrol engine mated to a four-speed gear box and will be available in three variants. The cars will be on display across the country at Tata Motors Passenger Car dealerships and other select authorised outlets from April 1st.
Speaking at a Press Conference, the Chairman of Tata Sons and Tata Motors, Mr. Ratan N. Tata, said, "The Nano represents the spirit of breaking conventional barriers. From the drawing board to its commercial launch, the concept, development and productionisation of the car has overcome several challenges. It is to the credit of the team at Tata Motors that a car once thought impossible by the world is now a reality. I hope it will provide safe, affordable, four-wheel transportation to families who till now have not been able to own a car. We are delighted in presenting the Tata Nano to India and the world."
The Tata Nano is currently being manufactured at the companys Pantnagar plant in Uttarakhand in limited numbers. The new dedicated plant, at Sanand in Gujarat, will be ready in 2010 with an annualised capacity of 350,000 cars.

This article describes the SI prefix. For other meanings, see Nano (disambiguation).
Nano- (symbol n) is a prefix meaning a billionth. Used primarily in the metric system, this prefix denotes a factor of 10−9 or 0.000000001. It is frequently encountered in science and electronics for prefixing units of time and length, such as 29 nanoseconds (symbol ns), 100 nanometres (nm) or in the case of electrical capacitance, 100 nanofarads (nF).
The prefix is derived from the Greek νᾶνος, meaning "dwarf", and was officially confirmed as standard in 1960.
In the United States, the use of the nano prefix for the farad unit of electrical capacitance is uncommon; capacitors of that size are more often expressed in terms of a small fraction of a microfarad or a large number of picofarads.
When used as a prefix for something other than a unit of measure, as in "nanoscience", nano means relating to nanotechnology, or on a scale of nanometres. See nanoscopic scale.

In this final step, the modifications needed to produce all requested formats are presented.
This includes all formats from the previous steps.
In addition to the modifications described in step 2, a new paste-bin, a new vibrating table (size 11), a new machine base (size 26), new lifting devices (sizes 51,52), plus the supply or modification of several other assemblies becomes necessary. For the largest formats, the installation of a third vacuum-cover unit (size 60,61) is advised. These modifications are illustrated in drawing # XXX.
In large parts, step 3 requires the construction and delivery of completely new parts. Furthermore, the steel frame of the machine will have to be overhauled to support greater loads and larger dimensions. Some table heights will have to be adjusted.
It is assumed that the current vacuum system (size 65) incl. the associated piping, as well as the spraying unit (size 70) will continue to be used.
These modifications affect the utility requirements and result in a lower machine performance. In addition, the forces acting on the construction will increase and the positions of the force transmission points will change.

The modifications in this step allow for the following formats (max. dimensions) to be produced:

(1) The contractor shall only be liable for damages in cases of gross negligence or willful misconduct. Liability for losses arising from death, injury or health damage shall remain unaffected by this. The extent of liability shall be limited to those damages characteristic of the type of transaction described in this agreement. These claims shall expire one year after the event is held or, in case of cancellation, one year after the order was placed.

(2) In case of culpable non-fulfillment of contract or culpable breach of contract, the contractor's liability for damages shall not exceed the stipulated service fee (agency commission / brokerage).

(3) In case of culpable breach of contract by the client, the contractor shall not be required to stage the event. Should certain tasks for an event be performed by the client, he should bear the personal and operational risk for the proper realization as well as the liability for the safety of the assigned agents and used equipment. The contractor shall assume no liability for damages of any kind caused by visitors to the client's event. Loss, glass breakage and all costs for damages to the premises or underground utilities caused by the installation of exhibition booths, stages, tents, etc., shall be borne by the client.

(4) The contractor shall only assume liability for personal or material damages caused by it's employees, staff or agents in the event of gross negligence or willful misconduct, unless this is opposed by mandatory statutory regulations. Liability for losses arising from death, injury or health damage as well as damages resulting from violations of any constitutive contractual obligation shall remain unaffected by this. The extent of liability shall be limited to those damages characteristic of the type of transaction described in this agreement.

(6) The contractor shall be responsible to verify with the due diligence of a responsible businessman whether the legal admissibility as well as the professional and artistic tenability of the measures developed by the contractor is given. Liability shall be excluded in principle if a measure is carried out upon instruction by the contractee (client) despite expressed concerns by the contractor. In this case the client shall be obligated to keep the contractor free of third party claims that arise from these actions. The contractee shall be responsible to obtain all required permissions, licenses and permits.

(7) In particular, the contractor shall not be liable for the capability and motivation as well as shortcomings of the service of third parties and their agents, especially not for the timeliness of service provision by these individuals or other defaults in performance that may occur within the scope of the contractual relationship with this third party. The contractor shall not be liable for the implementation of a sponsoring concept.

(8) Should the contractor, in fulfillment of this agreement, contract a third party in the name of the client, the service provided, according to the agreement, shall be limited to the selection of a suitable subcontractor and the conclusion of the respective contract within the limitations set forth in this agreement. In particular, the contractor shall not be obligated to monitor the fulfillment of such contracts. In the contractual relationship between the contractor and the client, third parties contracted by the contractor under above circumstances shall not be agents of the contractor.

Translation - EnglishIt takes much more than a pleasant voice to become a dubbing actor. Dubbing foreign language films or game sequences requires impeccable timing, but also great acting skills.

Heiko Obermoeller is a trained actor and got into dubbing by accident. When doing an ADR (Automated Dialog Replacement) session for a location shot, he was asked by producer if he was interested in doing film dubbing. Since then has worked on plenty of films, commercials, and computer games. Japanese anime roles are his favorites, along with characters like the agent in the Sponge Bob computer game, that he once lent his voice to. "You have to free your mind for this. If you contemplate too much, it won't work — especially when doing cartoons, but that's what I like about dubbing," he says.

Heiko loves his job. When he is recording at Splendid Synchron studios in Cologne, the recording booth with the screen, the mic, all the buttons, and the red light outside the door, becomes his stage. He goes about his work with verve and humor: "What a great accent!", he cheers as he watches a few lines of a character from an American movie he is about to dub. Previewing a scene is important to analyze the mood and tempo.

The first take: "Yes, come in. I like having company." It is a keeper. On to the next one: "Oh yeah, girlfriends. Ex-girlfriends. Even two ex-wives." It takes him a couple of attempts to get this one right and make everyone happy. The dialog editor, who is in the booth with him, gives him some advice on when to pause and where to emphasize. Then it is back to the top. This time it was good, and director Klaus Terhoeven cracks a joke over the intercom. It is important to relax in between takes so you can focus your attention when the picture starts rolling again. "Acting in sync is not easy," but thanks to the detailed directions in the German script and Heiko's experience, work on this production is a breeze.

Even though it is virtually impossible for a newcomer to score a gig in a large production, Heiko thinks there are opportunities to start a career in dubbing. "This industry is still on the rise. Until recently, I didn't know that the audio content of modern computer games was so elaborate. Some of Germany's top voice talents can be heard on these productions. Podcasts and DVD further broaden the range of business opportunities. In Berlin, Munich, Hamburg, and Cologne, the major cities with a large media industry, there are regular castings for new talent." Heiko feels that the safest path to success in the business still is through acting-lessons and voice training. "Starting out is not easy, but it's the job of my dreams."

Translation - EnglishI don't even remember how old she was when that picture was taken. If I am lucky... nothing, I knew it.

I had just turned 18 and Alisha was about 6-8 weeks old. I can't really remember.

My daughter is a good girl, she goes to school and her grades are decent. She's not into boys yet. I used to be the exact opposite. Yes, I was. I was just really lucky…

It was hard, especially the first few years. My friends no longer cared about me because I had a baby. I can understand that. They wanted to go out and party. I didn't have family in Augsburg and I had broken up with Alisha's dad. I was on my own, with a baby. The worst thing about teenage pregnancy is that you make all these experiences: You're pregnant, your belly gets bigger, then you go to the doctor for an ultrasonic and say, "Yes, I'm having a baby." You're totally happy and everything is great. What it really means to be a mother is something you can't comprehend at that age, until you give birth yourself. And then you are in shock. Completely.

Source text - EnglishWhat is art good for? The question was in the air in Britain in the 1860s and, according to many commentators, the answer was: not very much. It wasn't art that had made the great industrial towns, laid the railways, dug the canals, expanded the empire and made Britain pre-eminent among nations. Indeed, art seemed capable of sapping the very qualities that had made these achievements possible; prolonged contact with it risked encouraging effeminacy, introspection, homosexuality, gout and defeatism. In 1865, John Bright, MP for Birmingham, described cultured people as a pretentious cabal whose only claim to distinction was 'a smattering of the two dead languages of Greek and Latin'. The Oxford academic Frederic Harrison held an equally caustic view of the benefits of prolonged communion with literature, history or painting. 'Culture is a desirable quality in a critic of new books, and sits well on a possessor of belles lettres,' he conceded, but 'as applied to everyday life or politics, it means simply a turn for small fault-finding, love of selfish ease, and indecision in action. The man of culture is one of the poorest mortals alive. For simple pedantry and want of good sense no man is his equal. No assumption is too unreal, no end is too unpractical for him.'

When these practically minded disparagers looked around for a representative of art's many deficiencies, they could find few more tempting targets than the poet and critic Matthew Arnold. He had the impudence to keep hinting, in a variety of newspaper articles, that art might be one of the most important pursuits of life. This in an age when for the first time one could travel from London to Birmingham in a single morning and Britain had earned itself the title of workshop of the world. The Daily Telegraph, stout upholder of industry and monarchy, mockingly accused him of trying to lure the hard-working, sensible people of the land 'to leave their shops and duties behind them in order to recite songs, sing ballads and read essays'.

Arnold accepted the ribbing with good grace until, in 1869, he was goaded into writing a systematic, book-length defence of what he believed art was for and why exactly it had such an important function to play in life - even for a generation that had witnessed the invention of the foldaway umbrella and the steam engine. Arnold's Culture and Anarchy began by acknowledging some of the charges laid at art's door. In the eyes of many, it was nothing more, than 'a scented salve for human miseries, a religion breathing a spirit of cultivated inaction. It is often summed up as being not practical or - as some critics more familiarly put it - all moonshine'.

All great artists are, said Arnold, imbued with 'the aspiration to leave the world better and happier than they find it'. They may not always embody such an aspiration in an overtly political message, they may not even be conscious of such an aspiration, and yet, within their work, there will almost always be a protest against the state of things and so an effort to correct our insights or to educate us to perceive beauty, to help us understand pain or to reignite our sensitivities, to nurture our capacity for empathy or to rebalance our moral perspective through sadness or laughter. Arnold concluded his argument with a pronouncement upon which this chapter is built. Art, said Arnold, is 'the criticism of life'.